IMPORTANT POINT
The court can quash criminal proceedings under Section 482 of the Cr.P.C., 1973, when the parties have settled the dispute and the nature of the offense is not heinous or has a serious impact on society.

JUDGMENT :

Heard Mr. V. Jamoh, learned counsel for the petitioner. Also heard Mr. G. Tado, learned Addl. Public Prosecutor for the State of Arunachal Pradesh.

2. By filing this application jointly under Section 482 of the Cr.PC, 1973, the petitioners have prayed for quashing of the criminal proceedings in G.R. case No. 182 of 2022 under Sections 445/323/506 Para-I IPC, 1860, corresponding to Itanagar P.S. Case No. 66/ 2022 pending before the Chief Judicial Magistrate, Capital Complex, Yupia, on the basis of compromise between them.

3. The case set up by the prosecution is that on 01.03.2022 a written FIR was received from one Shri Rikchol Lombi of Donyi Polo RWD Colony, Itanagar, to the effect that at around 5.30 AM one Shri Taro Biki of Ganga village has barged into the rented house of the informant located at Donyi Polo near RWD colony, Itanagar, and assaulted him by wooden chair while the informant was sleeping in his room. As result of which he suffered severe injury to his elbow. Accordingly, a case was registered being Itanagar P.S. Cas No. 66/2022 under Sections 448/323/427/506 IPC. On completion of the investigation, a chargesheet was laid under Sections 448/323/427/506, IPC against the accused/ petitioner no. 2. The learned Chief Judicial Magistrate has framed the charges against the accused/petitioner no. 2 under Sections 323/455/506 Para-I, IPC, 1860 by altering the Section 448 IPC to section 455, IPC.

4. The case is pending trial before the learned Chief Judicial Magistrate, Capital Complex, Yupia. 2 (two) prosecution witnesses, namely, Shri Rikchol Lombi, the petitioner no. 1 herein and one Smti Yani Gadi Lombi, the wife of petitioner no. 1, out of 4 (four) prosecution witnesses, have been examined. The present petition has been filed jointly by the petitioners for quashing of the criminal proceedings (Supra) on the ground that the matter has been settled between them as they are old friends and does not want to pursue the matter.

5. Mr. V. Jamoh, learned counsel for the petitioner submits that in the year 2020, when both the petitioners became close friends during the nationwide lockdown due to Covid-19 pandemic as both their family were staying in the same rented building. During the said period, the petitioner no. 1 owed some meagre amount to the petitioner no. 2 on account of playing cards between them. The petitioner no. 2 has also helped the petitioner no. 1 while shifting to the present rented house by the petitioner no. 2 as they were good friends.

6. Mr. Jamoh, learned counsel submits that the present matter arose due to sudden demand of money by the petitioner no. 2 to repay the amount with interest, as according to him, he was facing financial crisis. Since the petitioner no. 2 was in a drunken mood, the petitioner no. 1 asked him to come on some other day in fresh mood. However, the petitioner no. 2 came to the house of the petitioner no. 1 at 5.30 am in the morning by breaking the door and started assaulting the petitioner no. 2. Having no alternative, the petitioner no. 1 had to lodge a complaint against the petitioner no. 2 before the Police. He submits that after registration of the case, the petitioner no. 2 was arrested and released on bail after fulfilling the formalities as the offences were all bailable offences. He submits that though the charge-sheet has been filed against the petitioner no. 2 under sections 448/323/427/506 IPC against the petitioner no. 2 on 29.06.2022, the learned Chief Judicial Magistrate, Capital Complex, Yupia has altered the charge to 455/323/506 Para-I IPC. The petitioner no. 1 and his wife Smti Yani Gadi Lombi appeared before the learned Court of the Chief Judicial Magistrate and their statements have been recorded.

7. Mr. Jamoh, learned counsel submits that during the pendency, the parties have settled the matter by way of mutual settlement agreement on 18.12.2023 that the petitioner no. 2 shall not repeat such action against the petitioner no. 1 in near future or a